Did Sotomayor ‘Save Baseball’? George Will Takes Issue
As White Sox fan and President Barack Obama introduced Supreme Court nominee Judge Sonia Sotomayor yesterday he praised her judicial record generally — and in one specific case.
"During her tenure on the district court, she presided over roughly 450 cases," he said. "One case in particular involved a matter of enormous concern to many Americans, including me: the baseball strike of 1994 and ’95."
To laughter, the president said, "in a decision that reportedly took her just 15 minutes to announce — a swiftness much appreciated by baseball fans everywhere — she issued an injunction that helped end the strike."
"Some say," the president said, "that Judge Sotomayor saved baseball."
This was a reference to when then-District Judge Sotomayor ruled in favor of the National Labor Relations Board against Major League Baseball’s owners during the MLB players’ strike.
Operating outside negotiations, owners changed the rules on salary arbitration and free agency and hired replacement players. The NLRB sued the owners to stop making those changes. Sotomayor ruled against the owners and players returned to work.
But baseball fanatic, conservative columnist and ABC News contributor George F. Will takes issue with the notion that this was "saving" baseball.
"The president is a gentleman and a scholar and a great ornament to our society, but he’s not a great baseball historian," Will told us.
"He says that when she ended the baseball impasse that was interrupting play in 1994 and 1995, she saved baseball," Will says. "Far from it. What she did was overturn in a sense, the essence, the underlies, the essential theory of American labor relations, which is the parties should slug it out because they know best and whoever wins, wins."
Will says that "in fact, what she did was take sides, took union’s side against the management, and in so-doing, wasted 262 days of negotiations. That, far from saving baseball, consigned baseball to seven more years of an unreformed economic system, which happened to be the seven worst years in terms of competitive balance."
Sotomayor, Will says, "delayed the restructuring of baseball. So I would say that far from her saving baseball, as the president says, that in fact, baseball thrives now because we got over the damage that her judicial activism did in that strike."
– jpt

Email
Rick Santorum Sweeps 3 States
Pentagon to Open Additional Jobs to Women
“(The president) is a great ornament to our society”
I never thought about it this way, this description has some relevance as some consider him to be a puppet, others a Manchurian Candidate. Ornaments are typically inanimate objects…if only this were the case here.
Nice reporting Jake. Kudos to George Will for calling out Obama on his boasts.
Posted by: tjp612 | May 27, 2009, 12:07 pm 12:07 pm
“Will says that “in fact, what she did was take sides, took union’s side against the management, and in so-doing, wasted 262 days of negotiations. That, far from saving baseball, consigned baseball to seven more years of an unreformed economic system, which happened to be the seven worst years in terms of competitive balance.”
George Will as baseball expert and conservative decrying the free market system in baseball?
And what measure is he using for competitive balance?
Seriously, the Yankees winning 4 World Series in 7 years with many different teams making the playoffs and 3 different champions in additon to the Yanks is somehow a worse situation than the 50′s?
From 47 to 57, the Yankees won 7 World Series playing the Brooklyn Dodgers 5 times.
Posted by: Ryan C | May 27, 2009, 12:09 pm 12:09 pm
I hope more will see the light when it comes to Ms. Sotomayor. We The People want blind justice.
Posted by: Mr.Smith | May 27, 2009, 12:09 pm 12:09 pm
George Will, as always, explains the issue from the owners’ side, not the fans.
If the owners want parity, they could do it overnight. It has nothing to do with owner/player relationships, and everything to do with playing as a league and not the White Sox, Yankees, Dodgers against everyone else.
Baseball is a joke, because the big city teams have a minimum of 10x salary over the small cities. Who can change that? The owners. Who can’t change that? The players.
In the end, the fans walked away from baseball because the owners charged too much for tickets, sequestered all the games on cable, and made going to their stadiums too expensive. And George Will cheerled all of this.
Posted by: jake | May 27, 2009, 12:15 pm 12:15 pm
Will hasn’t been right about much lately. And here again he is wrong. This the chief negotiator for the owners after Sotomayor’s ruling:
“Sotomayor’s ruling restored the terms of the previous labor agreement so the season could go forward. Randy Levine, who became the owners’ chief labor negotiator five months after Sotomayor’s injunction, said her decision “gave both sides an opportunity to take a breath, to take stock of where they were.” Levine, now the Yankees’ president, added, “It led to the good-faith bargaining that produced revenue sharing, the luxury tax and interleague play.”
Will needs to take a long vacation and try to remember as an opinion writer he is entitled to his own opinions, but not his own facts.
Posted by: jsfox | May 27, 2009, 12:16 pm 12:16 pm
George, if “the essential theory of American labor relations” is that “the parties should slug it out” (let’s assume you mean the slugging part metaphorically), what do you call it when the owners go “outside negotiations,” as Jake notes, to change the rules on salary arbitration and free agency and hire replacement players?
If you consider that bargaining in good faith, then you must have a soft spot for the Pinkerton guards in the Homestead steel strike and Henry Ford’s goons in the Battle of the Overpass.
Posted by: Curt Flood | May 27, 2009, 12:17 pm 12:17 pm
“”delayed the restructuring of baseball. So I would say that far from her saving baseball, as the president says, that in fact, baseball thrives now because we got over the damage that her judicial activism did in that strike.”"
What restructuring is Will referring to?
The luxury tax?
Interleague play?
Posted by: Ryan C | May 27, 2009, 12:18 pm 12:18 pm
The only credit for saving basebal belongs to th owners. The bad judgement exercised by Sotomayor did nothing but show that bad judges do not make good decisions. This judge has made biased, dicriminatory decisions in the past and will continue to do so in the future. I for one am against her having a seat on the supreme court and have said so to my representatives in Washington. I know we can make a better choice for the seat in the highest court in the United Staes of America.
Posted by: Robert Therrien | May 27, 2009, 12:19 pm 12:19 pm
Well George, since all relations in life are essentially economic, and these should be salved by “slugging it out” without recourse to courts, then why not just disband the entire jurisprudential system. It seems that your particular brand of libertarianism has just given crossed the border into frank anarchy. Oh wait… you don’t really mean it, it is just a ludicrous partisan attack. Nice try.
Posted by: frank burns | May 27, 2009, 12:30 pm 12:30 pm
“America’s pastime is one place where Marx’s labor theory of value makes much sense,”
Yes, thats right, George Will said this in 1991…
Posted by: George Will in 1991 | May 27, 2009, 12:33 pm 12:33 pm
Considering the complete lack of fact checking in George Will’s columns of late I now know that Sotomayor did in fact save baseball.
Posted by: Ordermonger | May 27, 2009, 12:52 pm 12:52 pm
“To laughter, the president said…”
I’m not going to bother to read any comments here and just hope that everyone who is not George Will can actually comprehend what a joke is.
Posted by: jhw539 | May 27, 2009, 12:54 pm 12:54 pm
Nice Straw man, Will. However, Obama did not say she saved baseball. He said that “Some people say that she saved baseball.” That statement is correct. There are quite a few sources that made that claim at the time. Perhaps Jake should have pointed that out to him when he got the quotes for his article and save us all the time and energy, and allow George Will to spend his time arguing why we shouldn’t wear jeans, and other silly nonsense that he specializes in lately.
Posted by: skippy | May 27, 2009, 12:59 pm 12:59 pm
George Will and Bill Kristol are notorious for being WRONG….. why ABC and others keep touting him as some kind of informed guru is beyond me.
Will & Kristol, and others constantly quote inane historical minutia trying to make themselves appear intelligent, but, both lack even basic common sense in their ‘analysis’ of political theory and commentary on current events.
Posted by: Sane, most of the time | May 27, 2009, 1:04 pm 1:04 pm
For those of you who are too stupid to comprehend is that the president used her ruling over the baseball strike as why she is worthy of being a supreme court justice. Will is saying that her disposition was not worthy at all and I definately agree. If this is the best she has done, please.
Posted by: Jack | May 27, 2009, 1:12 pm 1:12 pm
What I got from George is that decisions based on anything but law have unintended consequences no matter how empathetic the ruling. Much like some would say Obama saved the US auto industry. I think we will see the unintended consequences soon enough.
Posted by: andylancaster | May 27, 2009, 1:15 pm 1:15 pm
Someone is just begging for a debate with Nate Silver at this point, aren’t they?
Posted by: Dan L | May 27, 2009, 1:17 pm 1:17 pm
When will this country start to judge people for the content of their character, not the color of their skin?
The President’s pick has been overruled 5 out of 6 times by the Supreme Court, yet she is the best the President could come up with?
One only has to substitute ‘black female’ for ‘white male’ in her racist,sexist speech to know that she sees the world through race-colored glasses.
Posted by: J House | May 27, 2009, 1:17 pm 1:17 pm
Republicans seem dead set on continuing the xenophobic race-baiting,’welfare’, lazy immigrants theme they’ve been using for 40 years.. what they don’t understand is that there is a new generation resistant to those lines of attack.
But that’s OK, Republicans, or at least the uber-conservative small cadre of cultists, will continue to occupy the dark fringe, removed from sane politics, and they will stay unelectable.
Posted by: Oh Yeah | May 27, 2009, 1:33 pm 1:33 pm
She is a racist and should never have been nominated. The outrage over her statements is just beginning and she will never be confirmed.
Posted by: jtr | May 27, 2009, 1:37 pm 1:37 pm
I don’t see any race-baiting. I think we should be able to have a discussion about the role race plays in choosing a Supreme Court Justice, her qualifications and her views of the law. I believe it has been the president and her own remarks that have brought race front and center. I’m all for a more diverse court, but I think a just court is a better goal.
Posted by: andylancaster | May 27, 2009, 1:39 pm 1:39 pm
most americans do not know that the heaviest artillery barrage in the world is aimed at South Korea, within 30 minutes over 200,000 will die in Soeul SK if the north launches a conventional attack
Obama better be ready on this one a UN condemation means nothing to them
Posted by: A Veteran | May 27, 2009, 1:50 pm 1:50 pm
Why appoint SoSo to the Supreme Court, besides the Obama’s mistatement that her saving baseball? The Obama White House knew about her controversial statements regarding white men and policy.
A noisy distraction? From what?
1. A Stimulus bailout that isn’t stimulating.
2. global Warming now called Climate Change tax scam.
3. National health care takeover but how to pay for it?
VAT. Value Added Taxes = a national consumption tax.
4. TARP / Bank takeovers.
5. Automobile company takeovers / control.
Newsflash – Most Chrysler dealerships that were closed down due to White House pressure were owned by Republican donors.
6. State Bailouts. Liberal states that Obama will be looking to pander/buy future votes from. Californication.
7. The National Debt. See VAT.
8. GITMO.
9. Defense.
10. North Korean nukes.
11. Iran’s nukes.
12. Card Check now called “Freedom of Choice” = Corporate Flight
13. Fairness doctrine, further attacks on free speech.
14. Democrat corruption. Blago, Burris, Pelosi, Rangel and what ever happened to Tony Rezko?
Posted by: Meh | May 27, 2009, 2:09 pm 2:09 pm
whether george is right or wrong on other issues, he is dead right about this ……… thanks to this ruling, steinbrenner was able to buy his favorite players by outbidding the other teams in a way in which the others could not compete and MANY bad things happened to baseball because of this …. things which would not and could not happen in other pro sports OR at least not to this extreme … teams like the astros, a’s, and pirates were unable to hang on to the players they developed and build fan loyalty …. in fact, the only reason baseball survived the high ticket prices produced by the greed of these greedy rich players is because the economy was good and because everyone was excited about the new home run “era” which we later found was due to cheating – BAD for baseball is an understatement
Posted by: jo | May 27, 2009, 2:15 pm 2:15 pm
Liz Cheney:
‘President Obama talk about, sort of, a results-oriented approach to the law, or you know, making these determinations based on your heart or your empathy. And I think that’s dangerous. I think that moves us away from the rule of law.”
talk about double standards,..
it was fine for the 1st Pres. Bush to suggest that nominee Clarance Thomas having ‘empathy’ would be a benefit..
where was all the republican condemnation ?
how come they’re not condemning ‘Bush 1′ right now?
Posted by: Oh Yeah | May 27, 2009, 2:18 pm 2:18 pm
Will is wrong about baseball in every possible way:
First of all, she did nothing to consign baseball to an unreformed system. She sides with the players against the owners. Do you know who keeps baseball from going to a more competitive salary cap? The owners…who are in charge. They are sleeping on top of piles of money every night, so why would they change. They are the reason the system goes unreformed, not Judge Sotomayor.
Additionally he called it the worst seven years in terms of competitive balance. This is so absurd it’s as if he had no idea baseball existed before 1994. In Those seven years, from 1995 to 2001, the Braves won the world series once, the Yankees 4 times, the Marlins once, and the Diamondbacks once. Both the Marlins and Diamondbacks were, at the time, small market clubs who had both been in baseball less than 5 years. That was the Braves only championship in years. Yes the Yankees won 4 of the 7 World Series…but what about 1947 through 1953, where the Yankees won 6 of 7 World Series, or 1936 through 1942, where the Yankees won 5 of 7 – losing in the WS in ’42 – or perhaps a larger number from 1927 to 1964, 38 World Series were played and the Yankee won 19 of them, losing in 6 of them, playing in 25 of them. They won 50% of those world series and played in about 65% of them. Why again was 1994 to 2001 the worst years for competitive balance? Maybe who wins isn’t the only measure….from 1994 to 2001 out of a possible total of 14, 9 different teams played in the World Series, as compared to 1952 to 1958, out of a possible 14, 5 different teams played in those world series (yanks, dodgers, indians, brewers, giants). Not very competitively balanced is it? Will i s dead wrong.
He then says baseball thrives because we got over the damage created by Sotomayor’s activism. Has he not seen the explosion of HR’s, abeit caused by steroids? THAT is what brought the game back to life. It’s not pretty, but Sammy Sosa and Mark McGuire chasing Roger Maris’ HR record is what brought baseball back. That and the Yankee dynasty were responsible for baseball’s resurgence. In fact, her judicial activism did nothing, the owners are the ones holding up reforming the system…which in essence means a salary cap. Will, says Obama isn’t much of a Baseball Historian…maybe he should have looked to the past….even a little bit.
Posted by: Tim | May 27, 2009, 2:32 pm 2:32 pm
J House:”The President’s pick has been overruled 5 out of 6 times by the Supreme Court, yet she is the best the President could come up with?”
Could you please cite the 5 cases she was overruled on? Last I checked, the Supreme Court has only ruled on 5 of the majority opinions she wrote, and overruled three of them. This is in reality a LOWER RATE OF OVERTURNING than is typical for the Supreme Court, which tries to only select cases they want to overturn. Not that I really suspect you are in reality judging from your fabricated numbers.
This is also out of the 150 civil cases that Sotomayor has authored an opinion on – the Supreme Court had no question or wish to even review about 97% of her work.
Reviewing her work, her productivity (opinions written) and quality (as judged by citations and such) is not top of the field but is consistently better than the last nomination, Judge Alito.
Posted by: jhw539 | May 27, 2009, 2:32 pm 2:32 pm
Is it me or does George Will always look like he is in extreme need of an xlax?
Posted by: anthony pierulla | May 27, 2009, 2:59 pm 2:59 pm
Tim,
Regarding baseball history and competitive balance, there were also half as many teams in the ’30s and ’40s and ’50s when the Yankees were so dominant. Between ’98 and ’01 there were 30 teams competing. Every year from ’95 to ’01 only two AL teams made the WS-Yankees and Indians-out of 14 teams. 4 out of 16 teams made the WS from the NL., so we have 6 out of 30 (or 28 before the ’98 expansion) teams total or 20 percent that made the WS (or 21 percent before ’98).
Now let’s take one of your time frames ’47-’53 when the Yankees were so dominant. Six teams out of 16 total made the WS in those years or rather, 37.5% of the total teams playing MLB that made the WS, including the Indians last win.
I think you will find similar percentages throughout baseball history in this regard. Perhaps you should learn math before making disparaging comments.
Posted by: John | May 27, 2009, 3:00 pm 3:00 pm
“thanks to this ruling, steinbrenner was able to buy his favorite players by outbidding the other teams in a way in which the others could not compete and MANY bad things happened to baseball because of this”
Because before this ruling, Steinbrenner was restrained from paying top dollar for free agents?
The difference between the 80′s and 90′s were not the Yankees spending more money then everyone else it was them actually winning while doing it.
Seriously, do right wingers just make up history as needed?
Posted by: Ryan C | May 27, 2009, 3:00 pm 3:00 pm
Who cares? I was an avid baseball fan from childhood until 1994. In my view the players and owners ruined baseball when they went on strike…I have not followed baseball since….
Posted by: indy_voter | May 27, 2009, 3:05 pm 3:05 pm
I am bothered by Sotomayor’s assertion that she could render a better decision than a while male. I’m an African American female and if the same words were spoken and “African American” was substituted for “white,” I’d be furious!It doesn’t matter what context the words were used in, I’m bothered by it. It’s sexist and racist no matter how you spin it. Period.
Posted by: GL | May 27, 2009, 3:06 pm 3:06 pm
“Every year from ’95 to ’01 only two AL teams made the WS-Yankees and Indians-out of 14 teams. 4 out of 16 teams made the WS from the NL., so we have 6 out of 30 (or 28 before the ’98 expansion) teams total or 20 percent that made the WS (or 21 percent before ’98).”
Pads, Mets, Yanks, DBacks, Marlins, Braves, Indians.
That’s 7 teams.
Posted by: Ryan C | May 27, 2009, 3:09 pm 3:09 pm
“I think you will find similar percentages throughout baseball history in this regard. Perhaps you should learn math before making disparaging comments.”
Not really since the selection of 47 to 53 was not based on anything.
Will seems to base the 7 years on when the Yankees finally lost the WS, which makes little sense.
Also what reforms came about in 2002 that suddenly changed the competitive makeup?
Could it be two extremely well built teams (the Yankees and Braves) finally began to shows signs of decline after a long period of excellence (in the Braves case, due to corporate ownership reining in spending)?
Posted by: Ryan C | May 27, 2009, 3:14 pm 3:14 pm
7 out of 30 still equals 23 percent of the teams. I chose ’47-’53 since it is the timeframe when the Yankees seemed so dominant.
We could go ’53 to ’60 when there were 7 out of 16 teams in the WS. Even ’35 to ’42 there were six teams out of 16 in the WS. Those were the three most dominant eras for the Yankees before ’95 yet there was still some semblance of competitive balance, at least in reaching the WS.
Posted by: John | May 27, 2009, 3:43 pm 3:43 pm
Steroids saved major league baseball.. and skyboxes and ten dollar beer…
Posted by: DontGet818OnMeNow | May 27, 2009, 3:59 pm 3:59 pm
“7 out of 30 still equals 23 percent of the teams. I chose ’47-’53 since it is the timeframe when the Yankees seemed so dominant.”
49 thru 55 is even more dominant.
And that ignores the economics of the times in which teams like the Kansas City A’s were near farm teams for the Yankees in an era of no free agency.
So not only did the Yanks get the best, they did not have to pay top dollar for it.
Which brings me to my next point, we are focusing on World Series winners from two eras, one with a 3 tier playoff system and one with just the World Series.
So not only were the Yankees winning WS, they were piling up pennants as the best record in the American league.
Contrast that with their run from 95 to 01, in which their reg season record in the AL was the 4th, 2nd, 2nd, 1st, 1st, 4th and 3rd.
But you’re a baseball guy, what reforms is Will referring to that suddenly changed the competitive balance in 2002?
Posted by: Ryan C | May 27, 2009, 4:01 pm 4:01 pm
Sotomayor is a racist and her beliefs are contrary to the oath of office she is supposed to swear. She said appellate judges make policy! Doesn’t she know that it’s the Legislative branch that sets policy? Does she know the U.S. Constitution? We in the U.S. believe in Government of laws, not on Government of men! Governments of men are dictatorships!
We Hispanics don’t care whether Sotomayor is black, white, brown, purple or blue. What we want is someone to knows, respects and abides by the U.S. Constitution. We, like everyone else, need to be protected by a knowledgeable, honest, non-partisan judge, someone very different from Sotomayor. The last person we need is someone to apply “empathy” on us and to “inspire” us to accept the socialism/communism Obama wants to impose on us.
Posted by: letter | May 27, 2009, 4:03 pm 4:03 pm
Expounding upon my point about reg season records and the differences between eras, let’s look at how many of the 30 teams made the playoffs (might as well do 30 since both expansion teams made it) during that 7 year period.
Yanks, Pads, Bos, TX, Sea, Bal, Mets, WSox, Cle, Atl, Oak, Hou, FL, Cin, StL, SF.
16 teams out of 30 made the playoffs from 95 to 01
Now let’s look at the 7 years since.
Yanks, Pads, Bos, TX, SF, Ana, StL, Atl, Oak, Cubs, WSox, FL, LA, Minn, Hou, Det, TB, Col, Phi.
I have 19 out of 30 teams making the playoffs.
Posted by: Ryan C | May 27, 2009, 4:12 pm 4:12 pm
“Sotomayor is a racist and her beliefs are contrary to the oath of office she is supposed to swear. ”
NO, she is not, but keep up the accusations. The 31% Latino vote the Republicans managed to scrape up for this past election will look huge compared to the single digit Latino support you’ll get in the next.
Posted by: JKS | May 27, 2009, 4:18 pm 4:18 pm
JKS, Latinos like myself feel insulted by the idea that we would support the nomination of someone like Sotomayor to the Supreme Court just because she is Hispanic. Educated, informed Latinos feel we are Americans first. For us, the welfare and wellbeing of our country comes first. Latinos or Hispanics who feel otherwise are racists like Sotomayor and don’t deserve to live in the U.S.
Posted by: letter | May 27, 2009, 4:29 pm 4:29 pm
The NY Times has her entire talk from Berkley posted “A Latinas Judge’s Voice” – Read the entire thing – you are completely missing the point.
Posted by: JKS | May 27, 2009, 4:32 pm 4:32 pm
Al Gore invented the internet and John McCain helped launch the modern day PDA handhelds… this is all the stuff of D.C. Urban Legend.
Posted by: DontGet818OnMeNow | May 27, 2009, 4:33 pm 4:33 pm
No white man/woman can really understand and relate to the lives of any minorities in this country!!!!
Judge Sotomayer is not a racist but a latina woman that spoke the TRUTH!!!!
Posted by: sisterdearest09 | May 27, 2009, 4:33 pm 4:33 pm
Sotomayor discusses “the law” without distinguishing meaningfully between the legislature’s role in making law and the judiciary’s role in applying it. For example, she asserts:
The public expects the law to be static and predictable. The law, however, is uncertain and responds to changing circumstances.
What the public is entitled to expect is that judges will apply the law neutrally, according to established principles. That’s a large part of what the “rule of law” means. It’s the province of legislatures to change the law to “respond to changing circumstances.”
Posted by: letter | May 27, 2009, 4:42 pm 4:42 pm
sisterdearest09, do you understand white males? Do you understand Indian males? Should we appoint judges because they understand white males, or black males, or purple males?! Judges are NOT supposed to be partisan or racist. I’m a latino woman myself, but I don’t want a racist to be appointed Supreme Court judge!
Posted by: letter | May 27, 2009, 4:48 pm 4:48 pm
What the public is entitled to expect is that judges will apply the law neutrally, according to established principles.
Posted by: letter
‘established principles’ said it was OK to have slaves and discriminate against women and ‘gays’, and that there could be no ‘interracial’ marriage.
the President can ignore just about any legislation he/she would choose to using ‘signing statements’.
Posted by: Oh Yeah | May 27, 2009, 4:51 pm 4:51 pm
Ryan C., I agree with you. Sotomayor’s statements and actions are sexist and racist, no matter how you spin them! Those who fail to recognize that fact only demonstrate that they themselves are sexist and racist.
Posted by: letter | May 27, 2009, 4:53 pm 4:53 pm
“Judges are NOT supposed to be partisan or racist”
Unless appointed by Republicans,
See Charles W. Pickering Sr.
Posted by: Ryan C | May 27, 2009, 4:55 pm 4:55 pm
“Sotomayor’s statements and actions are sexist and racist, no matter how you spin them!”
Actions?
You have a single statement in which actual racists like Rush Limbaugh call racist.
“Those who fail to recognize that fact only demonstrate that they themselves are sexist and racist.”
Posted by: Ryan C | May 27, 2009, 4:59 pm 4:59 pm
Sotomayer saved baseball, Gore invented the internet, and Obama saved the world.
Delusions of grandeur.
Posted by: ross | May 27, 2009, 5:44 pm 5:44 pm
J House:”The President’s pick has been overruled 5 out of 6 times by the Supreme Court, yet she is the best the President could come up with?”
This is grossly misleading on two counts. First, the Supreme Court doesn’t usually take cases from lower courts unless it thinks the lower court was wrong, or unless there’s a split in the lower courts that needs to be resolved. Since it usually won’t take a lower court case just to affirm, there may be a selection bias for cases to reverse. So getting most of one’s cases reversed may not be unusual.
Second, one has to look at why the cases were reversed. It could be that the lower judge was following precedent at the time (either from prior circuit level decisions or from older Supreme Court decisions), and it’s the Supreme Court that decided to be “activist,” not the lower court.
So to say an appellate judge was reversed at the Supreme Court level 5 out of 6 times doesn’t really tell you much–unless you’re just looking to score superficial political points without trying to dig deeper into the facts.
Posted by: dsimon | May 27, 2009, 7:52 pm 7:52 pm
Ryan C you are making a false analogy with the “how many teams made the playoffs” argument.. From 1900 to 1962 only two teams (one from each league) ever made the playoffs. The only standard to use in comparing different eras is to look at the one constant: how many different teams actually made the WS. More did so, at least as a percentage of total teams fielded during the ’30s, ’40s, and ’50s then did so from ’95 to ’01. Even ’49 to ’55 five out of 16 teams (31 percent) made the WS.
I’m not sure what reforms George Will is talking about, but I never brought that up in any of my posts, nor was it ever a part of my argument (Don’t confuse me for Will). However I do recall the issue of contraction being on the table in 2002, and MLB’s antitrust exemption being threatened. Also I think the Collective Bargining Agreement expired then and had to be re-negotiated. I’m not sure about that though.
You should probably send an email to George Will, who has a column and written several books on baseball. Which is why he is probably a more trusted source of info then some anonymous guy on the internet.
Posted by: John | May 27, 2009, 8:58 pm 8:58 pm
Sorry that was until 1968 only two teams were allowed into the playoffs. 1969 was the start of the “playoff system”. SO the vast majority of baseball history only two teams made the playoffs. I think it more apt to compare apples and apples, don’t you?
Posted by: John | May 27, 2009, 9:01 pm 9:01 pm
Following up on my post below:
I’ve read that Sotomayor was reversed in 3 of 5 of her decisions that were appealed to the Supreme Court, not 5 of 6. And I’ve read that the Supreme Court’s reversal rate is 75% (probably for the reasons I stated below). So even if one were to give credence to the sample size, which by the way is far too small to make any serious statistical conclusions (five or six coin flips is not nearly enough to determine whether you’ve got a “fair” coin), she’d be doing just fine.
Posted by: dsimon | May 28, 2009, 12:39 am 12:39 am
I can but agree totally with the comments posted by letter. I myself are an american of mexicn decent and i do think that sotomayor would try to be a actvist from the bench
Posted by: rick perez | May 28, 2009, 1:06 am 1:06 am
Saving baseball makes one uniquely qualified to serve on the Supreme Court. Both are as American as apple pie.
Posted by: DontGet818OnMeNow | May 28, 2009, 9:10 am 9:10 am
It is said that Judge Sotomayor if she passes the Confirmation hearings will be the FIRST Latina that will be on the Supreme Court of the United States. But what of Benjamin Cardozo?? He was on the bench of Supreme Court May 14, 1932 to July 9, 1938!!!
Granted he is of Portuguese descent, but also a Morronos Jew as were allot from that section of the world. Morronos Jew = Swine, Converso… Forced Conversion … during the Spanish Inquisition and Crusades… usually the Crusader held a sword to their throat and said … Convert or Die, or words to that effect.
could it be that the administration is hiding facts??… I bet Ben is turning in his grave.
Posted by: Louis D | May 28, 2009, 10:34 am 10:34 am
She’s been overturned on over 60% of her decisions. She belongs to a racist organization, La Raza. She believes in ruling on cases by empathy instead of by rule of law. The lady is not qualified, just like Obama. Discuss facts here. She is a poor judge, Obama did this because he knows that anyone who opposes her, the liberals can call a racist, when it is she that is a racist. Any person that votes for her should be removed from office for incompetence.
Posted by: Former_Democrat | May 28, 2009, 11:21 am 11:21 am
Sotomayor’s reported 60 percent reversal rate is lower than the overall Supreme Court reversal rate for all lower court decisions from the 2004 term through the present — both overall and for each individual Supreme Court term.
Posted by: Oh Yeah | May 28, 2009, 1:20 pm 1:20 pm
‘The lady is not qualified, just like Obama. Discuss facts here.’
Former_Democrat
‘facts’ eh? ROTFLMAO
Posted by: Oh Yeah | May 28, 2009, 1:22 pm 1:22 pm
Sotomayor is an angry Marxist intellectual lightweight, not tomention a racist and sexist. Hey, no wonder the Obominator chose her.
Posted by: Bob Cirba | May 28, 2009, 4:33 pm 4:33 pm
Both Obama and Sotomayor are flaming racists
Posted by: Texas
just a little bit curious, could you give me an enhanced definition of ‘flaming racists’,
I know there were generic racists like the KKK who were against civil rights, jews, non-catholics, etc… just about everyone who wasn’t them..
but you have a newer term I’m not familiar with so I’d appreciate the edification.
Posted by: Dewde | May 28, 2009, 10:40 pm 10:40 pm